Re Feeney

The case of *Re Feeney* concerned an application for leave to appeal to the High Court of Australia. The applicant, Mr Feeney, sought to challenge a decision of the Full Federal Court of Australia. The dispute arose from proceedings in the Federal Court concerning alleged contraventions of the *Australian Securities and Investments Commission Act 2001* (Cth) and the *Corporations Act 2001* (Cth).

The primary legal issue before the High Court was whether the Full Federal Court had erred in its interpretation and application of the statutory provisions relating to the admissibility of evidence obtained in contravention of a law. Specifically, the court was required to consider the scope of the discretion to admit such evidence, and the principles governing the balancing of competing interests in determining whether to exercise that discretion.

Kiefel CJ, in considering the application for leave to appeal, focused on whether the Full Federal Court's decision raised a question of law that warranted the High Court's attention. The Chief Justice's reasoning indicated a need to clarify the application of established principles regarding the admission of improperly obtained evidence, particularly in the context of corporate regulatory investigations. The ultimate determination of leave to appeal would depend on whether the case presented an arguable error of law or an issue of public importance.